March 02, 2011

Snyder v. Phelps Decided

The Supreme Court this morning has decided Snyder v. Phelps. In an opinion by Chief Justice Roberts the Fourth Circuit's ruling overturning the jury verdict against the Phelps defendants is affirmed. The principal rationale is that the picketing of the Westboro people was in a public place and on matters of public concern. The notion that Snyder was a captive audience was rejected. The Court expressed no view on the validity of the various funeral picketing laws that have cropped up in recent years. Only Justice Alito dissented. I may have more to say later, but I must teach very soon.